Sealing criminal records in Texas. If your criminal case in the state of Texas is eligible to be expunged, the most important step to consider is to petition for an order of nondisclosure.
It’s important to note that this type of order does not actually destroy any and all records related to your criminal history – it only prevents entities such as police departments and courts from being able to release your criminal history to the general public, credit reporting agencies, background search companies, and more. The information would still be able to be viewed by law enforcement officials, hiring authorities, and more. You also will not be legally able to deny the offense itself while testifying under oath.
In order to obtain this type of an order, you will have to meet specific guidelines, present the petition itself, and have it approved by the judge. No matter what, it’s important that you take the time to hire an attorney to assist you with this process.
Prior to filing a petition, you will need to go through a waiting period. This is something that can vary depending on how your case itself was concluded. Generally, a petition can be filed once probation ends for those who were placed on probation or had their case dismissed. However, those who are convicted of a Class A or Class B misdemeanor must wait two years before filing, while those convicted of a felony must wait five years.
Orders of nondisclosure will not be approved for those who have committed the following offenses:
*Injury to a child/elderly person/disabled individual